Thursday, 30 June 2022

Environmental Protection Act

 Environmental Protection Act

The environment is essential for the existence of any being. The environment is related to the natural world and the impact of human activity on its condition. Our environment is constantly changing, with changes in the environment it is also necessary to be aware of the problem surrounding the environment. One of the major problems faced in today's world is Global warming. 

Global warming is the long-term heating of the earth's climate system these situations have arisen due to various human activities, primarily fossil fuel burning which increases heat-trapping greenhouse gas levels in the earth's atmosphere. All across the people are facing a wealth of new and challenging environmental problems every day. 

There are various environmental issues such as pollution are of 7 types; air, water, soil, noise, radioactive, light, and thermal. The other issues are soil degradation, overpopulation, natural resource depletion, generating unsustainable waste, etc.

Looking at the recent situations of the environment and the Bhopal Gas Tragedy, the government of India enacted the environment protection act 1986 under article 253 of the constitution. This has 26 sections and 4 chapters. The purpose of the act is to implement the decision of the united nations conference on the human environment.

The introduction of the act says,' an act to provide for the protection and improvement of environment and matter connected therewith. This act was based on the united nations conference on the human environment held in Stockholm in June 1972, in which India participated to take appropriate steps for the protection and improvement of the human environment.

 The major objective of the act was to create the authority for the protection of the environment, coordinating the activities of various regulating agencies done under the existing law. It was also viewed that sustainable development includes achieving the object and the purpose of the act as well as the protection of life under article 21 of the Indian constitution.

The environment protection act mentions sections that define various terms related to the environment. It also describes various powers given to the central government through this act.  This act specifies some of the duties imposed on the citizen of Indian and how things can be prevented. This act mentions the procedure which is followed in the case of legal proceedings and specifies the penalty and rules which can be imposed in the case of def


Case; M.C Mehta v. UOI  this case was upon the issue of water pollution of the Ganga river by the hazardous industries located on its banks. It was held in this case that the industry which can't set up a primary treatment plant cannot be permitted to continue to be in existence.

Case; Indian Council For Environ-legal Action v. UOI it was held in this case that there should be financial costs for preventing or remedying damage caused by pollution should lie with the undertaking which causes the pollution by adopting the polluter pays principle. 

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